{
  "url": "https://openlegislation.uk/eu-directive-2009-33/article-3",
  "json_url": "https://openlegislation.uk/eu-directive-2009-33/article-3.json",
  "legislation": "eudr/2009/33",
  "legislation_title": "Directive 2009/33/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of clean road transport vehicles in support of low-emission mobility (Text with EEA relevance)",
  "legislation_url": "https://openlegislation.uk/eu-directive-2009-33",
  "path": "article/3",
  "kind": "article",
  "number": "3",
  "heading": "Scope",
  "text": "1. This Directive shall apply to procurement through:\n(a) contracts for the purchase, lease, rent or hire-purchase of road transport vehicles awarded by contracting authorities or contracting entities in so far as they are under an obligation to apply the procurement procedures set out in Directives 2014/24/EU and 2014/25/EU of the European Parliament and of the Council;\n(b) public service contracts within the meaning of Regulation (EC) No 1370/2007 of the European Parliament and of the Council having as their subject matter the provision of passenger road transport services in excess of a threshold which shall be defined by Member States not exceeding the applicable threshold value set in Article 5(4) of that Regulation;\n(c) service contracts set out in Table 1 of the Annex to this Directive in so far as the contracting authorities or contracting entities are under an obligation to apply the procurement procedures set out in Directives 2014/24/EU and 2014/25/EU.\nThis Directive shall only apply to such contracts for which the call for competition has been sent after 2 August 2021 or, in cases where a call for competition is not foreseen, where the contracting authority or contracting entity has commenced the procurement procedure after that date.\n2. This Directive shall not apply to:\n(a) vehicles referred to in points (a), (b) and (c) of Article 2(2) and in point (c) of Article 2(3) of Regulation (EU) 2018/858;\n(b) vehicles of category M 3 other than Class I and Class A vehicles as defined in points (2) and (3) of Article 3 of Regulation (EC) No 661/2009 of the European Parliament and of the Council .",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Substituted by Directive (EU) 2019/1161 of the European Parliament and of the Council of 20 June 2019 amending Directive 2009/33/EC on the promotion of clean and energy-efficient road transport vehicles (Text with EEA relevance)."
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC ( OJ L 94, 28.3.2014, p. 65 )."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC ( OJ L 94, 28.3.2014, p. 243 )."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) Nos 1191/69 and 1107/70 ( OJ L 315, 3.12.2007, p. 1 )."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "Regulation (EC) No 661/2009 of the European Parliament and of the Council of 13 July 2009 concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor ( OJ L 200, 31.7.2009, p. 1 )."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudr/2009/33/article/3",
    "retrieved_at": "2026-11-01T15:22:13.797853+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}